50-673. When law inapplicable; implied warranty of telemarketer exempted pursuant to this section; consumer's right to cancel and refund. - Kansas Statutes

50-673

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-673.   When law inapplicable; implied warranty oftelemarketer exemptedpursuant to this section; consumer's right to cancel and refund.The provisions of K.S.A. 50-671 through 50-674 and amendmentsthereto do not apply to a transaction:

      (a)   That has been made in accordance with prior negotiations in the courseof a visit by the consumer to a merchant operating a business establishmentthat has a fixed permanent location and where consumer goods or services aredisplayed or offered for sale on a continuing basis;

      (b)   in which the business establishment, or the establishment'spredecessor in interest, making the solicitation has made aprior sale to the consumer, is establishing a business to businessrelationship or has a clear, preexisting business relationshipwith the consumer, provided that relationship resulted in the consumer becomingaware of the full name, business address and phone number of the establishmentand is not a provider of telecommunications services;

      (c)   in which the consumer purchases goods or services pursuant to anexamination of a television, radio, or print advertisement or a sample,brochure, catalogue, or other mailing material of the telemarketer thatcontains:

      (1)   The name, address, and telephone number of the telemarketer;

      (2)   a full description of the goods or services being sold along with a listof all prices or fees being requested, including any handling, shipping, ordelivery charges; and

      (3)   any limitations or restrictions that apply to the offer; or

      (d)   in which the consumer may obtain a full refund for the return ofundamaged and unused goods or a cancellation of services notice to the sellerafter the consumer hashad at least seven days to review the goods or services, and the seller willprocessthe refund within 30 days after receipt of the returned merchandise by theconsumer or the refund for any services not performed or a pro rata refund forany services not yet performed for the consumer. The return andrefund privilege shall be disclosed to the consumer orally by telephone or inwriting with advertising, promotional material or with delivery of the productor service. The words "satisfaction guaranteed," "free inspection," "no riskguarantee" or similar words and phrases meet the requirements of this act.

      (e)   Any telemarketer who, pursuant to this section, is exempted fromK.S.A. 50-671 through 50-674 and amendments thereto, impliedlywarrants the goods or property to be satisfactory to the consumer to the extentthat the consumer shall have the right to choose at any time within theseven-day refund period, to cancel the saleby notifying the telemarketer in writing, provided the consumer returns to thetelemarketer the goods sold in substantially the same condition as when theywere received by the consumer. A telemarketer that has received such notice tocancel from a consumer shall then, within 30 business days of the receipt ofsuch notice:

      (1)   Refund all payments made, including any down payment made under theagreement;

      (2)   return any goods or property traded in to the seller on account of orin contemplation of the agreement, in substantially the same condition as whenreceived by the telemarketer; and

      (3)   take any action necessary or appropriate to terminate promptly anysecurity interest created in connection with the agreement.

      History:   L. 1991, ch. 70, § 3;L. 1992, ch. 252, § 2;L. 1998, ch. 156, § 3; July 1.